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Although traumatic brain injuries (TBIs) can affect people at any age, they are tragically common among the elderly population. According to the California Department of Public Health, in 2020 alone TBIs were responsible for 2,912 deaths and 17,528 hospitalizations among the state’s older adult population.
Were you or a loved one recently diagnosed with a brain injury? If so, then it’s necessary to unpack what happened in the accident. The right brain injury attorney in San Francisco will listen to these facts and help you decide if anyone else’s negligence may have contributed to the accident and injuries. If so, then you might have the legal basis to file a claim. Learn more about traumatic brain injuries and how our legal team here at Kermani LLP can help below.
Types of Brain Injuries
A brain injury can be mild or life-altering depending on the type, location, and severity of the damage from the accident. A closed brain injury happens when a rapid movement causes the brain to shake violently inside the skull. This serious force can bruise and tear the brain tissue. A penetrating head injury happens when there is a break in the skull.
The Most Common Causes of Brain Injuries
A TBI develops as a result of an external event. While most brain injuries are the result of an accident, some people develop brain injuries as a result of intentional acts of violence and criminal attacks. Here are a few of the most commonly reported causes of brain injuries in San Francisco:
- Car accidents;
- Fall incidents;
- Assault;
- Firearm-related wounds;
- Sports injuries;
- Blasts or explosions;
- Injuries that occur during natural disasters;
- Shaken baby syndrome.
The Importance of Immediate Medical Attention for Brain Injuries
Surprisingly, someone with a traumatic brain injury can seem normal immediately following an accident. They may seem temporarily dazed, lost, or confused, but they may not appear to be in medical distress. Unfortunately, if they don’t know what to do after an accident and they don’t get checked out quickly, then their condition can quickly degrade as the brain injury sets in and gets worse. For that reason, it’s important to seek out immediate medical care if you get hit in the head or suffer any temporary loss of consciousness.
Primary brain injuries refer to the initial damage of the accident, but secondary brain injuries can occur when brain changes happen in the hours and days after the incident.
Addressing the Long-Term Effects of Brain Injuries
Most people who get diagnosed with a brain injury will recover, but some patients will never regain full functioning. Most patients will continue to experience some changes in their emotions, behavior, and cognition. Depending on the severity of the accident and injury, you might have long-term issues with cognition, headaches, memory loss, dizziness, insomnia, and more. It’s important to consider the potential long-term effects that a brain injury could have on your overall quality of life and ability to return to work.
Is There Any Legal Recourse for Brain Injury Victims?
When someone else’s negligence causes your injury, then you could have the basis to file a legal compensation claim. Speaking with a lawyer can help you make a decision on how to handle your situation and value your claim.
Kermani LLP’s Approach to Brain Injury Claims in San Francisco
Here at Kermani LLP, our team of legal professionals has worked alongside injured San Francisco residents for over a decade. Being in such close contact with individuals who’ve been hurt and financially distressed by someone else’s poor behavior has helped shape our team’s empathetic, client-centered approach to brain injury claims.
If you’re looking for an attorney who can produce a fruitful verdict you’re happy with, look no further than the team here at Kermani LLP.
Get in Touch With San Francisco’s Leading Brain Injury Lawyers
When you or someone you love has been diagnosed with a brain injury, it’s important to act in a timely manner to preserve your legal rights to compensation. Traumatic brain injuries can lead to long-term or even permanent losses, so leveraging your rights often isn’t a choice. You likely need that compensation to be able to manage the newfound expenses associated with your injury.
Here at Kermani LLP, we’ve been serving clients with brain and similar injuries since 2011 when our firm was founded by partners Mohamad Ahmad and Ray Kermani. Our powerhouse yet empathetic approach delivers consistent and successful results.
Are you ready to get started on your claim? Schedule a meeting with our firm now.
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Frequently Asked Questions
What qualifies as a brain injury case in San Francisco?
An accident that happens in San Francisco and results in a brain injury might give rise to a legal claim for compensation from the injured party. Under the law in California, you might have a brain injury case if your situation meets all the following conditions:
- One party had a legal duty to provide for your care.
- The other party failed to uphold their duty of care.
- This failure directly caused your accident.
- Your accident led to your brain injury and specific losses.
There are many situations where a legal duty is implied or assumed. For instance, drivers, business owners, property owners, doctors, and dentists all owe a legal duty of care to other people on the road, their customers, guests, and their patients. If you have a question about whether a legal duty of care existed in your situation, then it’s best to contact an attorney.
How do you file a brain injury claim?
To file a brain injury claim, you’ll need to first compile all the documentation that proves the other party had a legal duty to provide for your care, acted negligently, and caused your brain injury and losses. Once you have these details, you can file the official paperwork that will initiate a compensation claim. The other party will be in touch with you about negotiating a settlement.
What compensation is available for brain injuries in San Francisco?
Brain injuries lead to a host of financial losses, and they also often result in significant potential long-term losses too. Compensation is available in the form of economic damages, which includes financial losses like medical bills, and non-economic losses like a loss in the overall quality of life.
Is there a deadline for brain injury claims in San Francisco?
Yes. After a brain injury accident, you have up to two years to file a claim for compensation in San Francisco.
What if the injury worsened a pre-existing condition?
The negligent party will be responsible for any worsening or aggravation of a pre-existing condition caused by the traumatic brain injury or the accident.
How do lawyers assist in San Francisco brain injury cases?
Having an attorney by your side is a huge advantage in a brain injury claim. Your lawyer will be your best legal advocate, ensuring that you don’t accept a settlement that’s less than what you deserve, while also helping you build up the strongest claim possible. They’ll negotiate with the responsible party and represent you in court if your case goes to trial.
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